Intellectual Property UK

  • May 24, 2024

    The UK Laws That Will Pass Or Fail As Election Looms

    Prime Minister Rishi Sunak's decision to call an early general election to be held on July 4 has left several pieces of legislation hanging in the balance during the so-called "wash-up" period before Parliament is formally dissolved, while others have been pushed through. 

  • May 24, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

  • May 24, 2024

    Chainsaw Co. Stihl Nixes 'Stiga' Lawn Mower Co.'s TM Bid

    German chainsaw manufacturer Stihl has won its fight to block Swedish competitor Stiga AB from registering its "Stiga Stig" branding in the U.K., with the British intellectual property authority concluding that Stiga shouldn't be allowed to take unfair advantage from Stihl's strong reputation.

  • May 24, 2024

    Reckitt Benckiser Gets 2nd Try At Dishwasher Capsule TM

    European officials gave Reckitt Benckiser a narrow lifeline after ruling that its shape trademark for dishwashing capsules lacked distinctiveness but the company could still prove it had acquired it through use.

  • May 24, 2024

    Bayer Loses Bid To Overturn Xarelto Patent Loss

    Pharma giant Bayer AG lost its fight against a slew of generic-drug makers to keep its patent over its blockbuster drug Xarelto, when an appeals court ruled Friday that the drug involved no inventive step and should not be given protection.

  • May 24, 2024

    Tesla Hits Back At InterDigital's Bid To Ax 5G FRAND Case

    Tesla told a London court Friday that it is entitled to challenge the terms of licenses for 5G vehicle technology owned and licensed by InterDigital and Avanci LLC, hitting back at the two companies' bid to have its case thrown out.

  • May 23, 2024

    InterDigital Fights To Duck Tesla FRAND Case

    InterDigital and tech licensor Avanci LLC fought in a hearing Thursday to throw out Tesla's claim that they have failed to offer fair licensing terms for 5G patents for use in its cars, arguing that the automaker doesn't have valid claims against them.

  • May 23, 2024

    Lenovo Loses Bid For 'Sword Of Damocles' Injunction

    A London judge has dismissed Lenovo's bid to hit Ericsson with an interim injunction to stop it infringing an essential patent for 5G technology, claiming on Thursday that the injunction was merely a "Sword of Damocles" to discourage the Swedish company from enforcing international injunctions.

  • May 23, 2024

    Hotel Operator Successfully Checks In 'Siro' TM For UK

    The U.K.'s intellectual property authority has allowed an appeal by hotel operator Kerzner International for its trademark "Siro" based on the argument that consumers were unlikely to confuse it with hotel rival Sircle Collection's mark "Sir."

  • May 23, 2024

    Printing Biz Can't Nix Rival's Serial Number Labeling Patent

    A German printing company has fought off a rival's protests against an amended version of its serial number labeling patent, convincing a European appeals panel that its tweaks did not unlawfully broaden the design's description.

  • May 23, 2024

    PepsiCo Wins 'Rockstar' TM Battle With Spanish Drinks Biz

    PepsiCo has fought off a Spanish drinks company's challenge to its "Rockstar" trademark bid after convincing a European Union appeals panel that its opponent had not made proper use of its "La Estrella Del Rock" sign in recent years.

  • May 22, 2024

    Rolex Can't Stop Watch Co.'s 'Perpetuel' TM Bid

    Rolex cannot block a luxury watch boutique from registering a "Perpetuel" trademark series in the U.K. after failing to prove that consumers could confuse the sign with the watchmaker's "Oyster Perpetual" brand name, officials said.

  • May 22, 2024

    Judge Likens Lenovo Injunction Bid To A 'Hostage Situation'

    A London judge on Wednesday likened Lenovo's bid for an interim injunction to bar Ericsson from infringing a patent it deems essential to telecommunications standards to a "hostage situation," amid a worldwide battle between the two electronics giants

  • May 22, 2024

    UK Gov't Calls Elections For July 4 Despite Poor Polls

    Prime Minister Rishi Sunak on Wednesday called an early general election to be held on July 4, advancing the electoral timetable even though his Conservative Party lags decisively behind the opposition Labour Party.

  • May 22, 2024

    UK Music Publisher Sues Distributor To Exit Licensing Deal

    A classical music publisher has accused sheet music distributor Hal Leonard of failing to use a "reasonable effort" to drive up sales and generate royalties by not making digital versions available and delaying the publication of its composers' works.

  • May 22, 2024

    Qualcomm Satellite Positioning Patent Gets Unplugged

    Qualcomm Inc. lost its appeal to revive a patent for an invention to locate mobile devices, after European officials ruled that its claims added extra material that wasn't in the original application.

  • May 22, 2024

    Mars Beats Nestlé In Fight Over Loaf-Preserving Patent

    Mars Inc. has won its fight to invalidate a patent owned by Nestlé for preserving the freshness of food products as a European appeals board concluded that the invention was too obvious.

  • May 21, 2024

    Charity Gets 'K' TM Despite Rival's 'K' For Similar Services

    A charity in Blackpool fended off a mental health company's bid to knock out its trademark after British officials ruled that their "K" letter marks were "strikingly different" despite covering identical services.

  • May 21, 2024

    Vacuum Co. Gets Partial TM Win Over 'Predator Gutter' Name

    A vacuum cleaning manufacturer can register a trademark for "Predator Gutter Vacuum" for management assistance services, but not for vacuum cleaning goods or repair services, the United Kingdom Intellectual Property Office has ruled.

  • May 21, 2024

    Yorkshire Cheese Co. Melts Challenge To 'Labneh' TM

    A cheese manufacturer run by two Syrian refugees in northern England has beaten a challenge from a food wholesaler to its "Labneh" trademark, after officials ruled the wholesaler could not prove it had used its marks in the U.K. market.

  • May 21, 2024

    'Makeup For Your Moment' TM Too Promotional, EUIPO Finds

    An appellate board at the European Intellectual Property Office has refused a U.S. cosmetic brand trademark registration for its slogan "Makeup For Your Moment," agreeing with an earlier ruling that the phrase is too self-aggrandizing.

  • May 21, 2024

    Mitsubishi Beats Siemens' European Turbine Patent Challenge

    Siemens cannot void a Mitsubishi unit's patent protections over a gas turbine blade design after failing to prove that the design is not new or inventive, an appeals panel ruled in a decision published Tuesday.

  • May 20, 2024

    Elle Magazine Loses Challenge To Menopause Supplement TM

    Fashion magazine Elle has lost its bid to challenge a supplements company's trademark on its Flavoxelle logo, as Europe's intellectual property authority found there is not enough similarity between the two words or logos to confuse any customers.

  • May 20, 2024

    L'Occitane Blocks Model From Registering Skin Care TM

    L'Occitane has defeated an Italian model's bid to register her "Arboria Skin Care" trademark, with the appeals arm of a European Union intellectual property authority agreeing that the mark could be confused with the French cosmetics company's own "Erborian" brand.

  • May 20, 2024

    EU's Top Court Asked To Weigh HP, Dell Dutch Streaming Row

    Netherlands' top court has asked the European Union's top judicial authority for help in determining if offline copies of streaming content were private copies as HP and Dell fight to avoid fees on their devices to compensate rightsholders.

Expert Analysis

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • UPC Appeal Ruling Clarifies Language Change Framework

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    In 10x Genomics v. Curio Bioscience, the Unified Patent Court recently allowed proceedings to be conducted in English, rather than German, shedding light on the framework on UPC language change applications and hopefully helping prevent future disputes, say Conor McLaughlin and Nina O'Sullivan at Mishcon de Reya.

  • UK Trademark Law May Further Diverge From EU Standards

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    The recently enacted Retained EU Law Act, which removes the principle of EU law supremacy, offers a path for U.K. trademark law to distance itself even further from EU precedent — beyond the existing differences between the two trademark examination processes, say David Kemp and Michael Shaw at Marks & Clerk.

  • How Clinical Trials Affect Patentability In US And Europe

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    A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.

  • Breaking Down The EPO's Revised Practice Guidelines

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    The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

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    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

  • Comparing The UK And EU Approaches To AI Regulation

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    While there are significant points of convergence between the recently published U.K. approach to artificial intelligence regulation and the EU AI Act, there is also notable divergence between them, and it appears that the U.K. will remain a less regulatory environment for AI in the foreseeable future, say lawyers at Steptoe.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.

  • ECJ Ruling Clarifies Lawyer Independence Questions

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    The European Court of Justice's recent ruling in Bonnanwalt v. EU Intellectual Property Office, finding that a law firm had maintained independence despite being owned by its client, serves as a pivotal reference point to understanding the contours of legal representation before EU courts, say James Tumbridge and Benedict Sharrock-Harris at Venner Shipley.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Patent Plausibility Uncertainty Persists, EPO Petition Shows

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    While a recent petition for review at the European Patent Office — maintaining that the Board of Appeal misapplied the Enlarged Board of Appeal's order on whether a patent is "plausible" — highlights the continued uncertainty surrounding the plausibility concept, the outcome could provide useful guidance on the interpretation of orders, say lawyers at Finnegan.

  • UMG-TikTok IP Rift Highlights Effective Rights Control Issues

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    Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.

  • Bribery Class Action Ruling May Revive Bifurcated Processes

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    The Court of Appeal's recent decision allowing the representative bribery action in Commission Recovery v. Marks & Clerk offers renewed hope for claimants to advance class claims using a bifurcated process amid its general absence as of late, say Jon Gale and Justin Browne at Ashurst.

  • Ocado Appeal Outcome Will Gauge UPC Transparency

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    As the sole Unified Patent Court case concerning third-party requests for court records, the forthcoming appeal decision in Ocado v. Autostore will hopefully set out a clear and consistent way to handle reasoned requests, as access to nonconfidential documents will surely lead to more efficient conduct of proceedings, says Tom Brazier at EIP.

  • Businesses Using AI Face Novel Privacy, Cybersecurity Risks

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    Rapid advancements in artificial intelligence are resulting in complex privacy and cybersecurity challenges for businesses, and with the forthcoming EU AI Act and enhancement of existing laws to ensure a high common level of security, key stakeholders should be empowered to manage associated risks, say lawyers at Goodwin.

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